Tag archives: U.S. Senate

Illiberal Liberalism

by Rob Schwarzwalder

July 21, 2014

Last week, we witnessed the Left’s determination to enforce abortion-on-demand as the highest good of American society. Sen. Richard Blumenthal (D-CT) held a hearing on his legislation that would “make it harder when not impossible for states to enforce measures that protect women as well as unborn children,” writes Thomas Messner. “In provision after provision S. 1696 puts not a thumb but a fist on the scales in favor of abortion providers and against both unborn children and mothers who face the fear and uncertainty of unexpected pregnancy.”

The Left has been losing the battle for the sanctity of life and the well-being of their mothers. Repeatedly, state and federal courts have upheld the right of states to limit access to elective abortion according to legal precedence, the Tenth Amendment, and simple decency.

Enraged, liberals like Sen. Blumenthal are seeking to vitiate entire bodies of law so as to impose their radical agenda of sexual autonomy and abortion at any stage of pregnancy (subsidized by the federal government, no less) on the American people.

This mentality informs not only the Left’s approach to abortion; it is much broader than that, sweeping across the political horizon: Liberalism’s illiberalism, its insistence on a program of extreme social change through whatever means — the courts, legislation, regulatory and tax policy, etc. — can achieve it, regardless of the will of the people or their elected representatives.

Following are some compelling quotes about illiberal liberalism, about the Left’s tantrum-like emphasis on coercing their fellow citizens into a regime of profound social transformation.

Government leaders routinely ignore laws they are sworn to uphold. This is more than intolerant. It is illiberal. It is a willingness to use coercive methods, from government action to public shaming, to shut down debate and censor those who hold a different opinion as if they have no right to their views at all.” Kim R. Holmes, Distinguished Fellow, Heritage Foundation

In some respects the Obama Democrats want to go further — and are complaining that they’re having a hard time getting there. Their form of liberalism is in danger of standing for something like the very opposite of freedom, for government coercion of those who refuse to behave the way they’d like.” Michael Barone, Resident Fellow, American Enterprise Institute

Why are you expected to abandon your conscience the moment you step into the commercial world? Why is it mandatory to violate your liberty in order to protect the wishes of others? Indeed, why would a gay couple want, say, a Christian opposed to gay marriage to photograph their wedding or prepare their cake? It hardly seems the best way to ensure a satisfactory job. One suspects that it is an exercise in humiliation, an attempt to force those with unfashionable scruples to affirm what they reject. It is, in short, a calculated effort at intolerance.” Doug Bandow, Senior Fellow, Cato Institute

Conservatives are put into awkward positions of critiquing liberal ideas on grounds that they are impractical, unworkable, or counterproductive. Yet rarely, at least outside the religious sphere, do they identify the progressive as often immoral. And the unfortunate result is that they have often ceded moral claims to supposedly dreamy, utopian, and well-meaning progressives, when in fact the latter increasingly have little moral ground to stand upon.” Victor Davis Hanson, Senior Fellow, Hoover Institution

Blumenthal Pro-Abortion Bill: Going Backward at Full Steam

by Rob Schwarzwalder

July 15, 2014

Various Supreme Court rulings have said that limitations can be placed on access to abortion in the states.

Over the past few years, especially, states have taken the Court up on their offers. According to the Guttmacher Institute, so far in 2014 13 “states have adopted 21 new restrictions designed to limit access to abortion.” Since the beginning of 2011, no less than 226 measures hemming-in elective abortion have been enacted at the state level.

Most of the new laws relate to things the majority of Americans agree are necessary: Sanitary and other health regulations for abortion clinics; requiring that abortion doctors have access to hospitals within 30 miles of their clinics in case of a medical emergency during an abortion; parental notification (note: that’s notification, not consent); requiring that women be shown ultra-sound images of their unborn children prior to having an abortion; bills that prevent abortion once a heartbeat is detected or once we know an unborn child can feel pain.

There is nothing radical about these measures. They better ensure safety for women and provide them with solid medical information concerning what an abortion really is. And they affirm the dignity of the unborn child, among other things recognizing that dismemberment without anesthesia is barbarity.

Now, U.S. Sen. Richard Blumenthal (D-CT) wants to stop the progress, turning the clock back on common-sense protections for women and their unborn children. His “Women’s Health Protection Act of 2013” (S.1696) — an Orwellian title if ever there was one — would in a single scythe-like sweep eliminate hundreds of protections for women and their unborn babies. As Thomas Messner, legal policy fellow at the Charlotte Lozier Institute, says, the Blumenthal measure “would make it harder when not impossible for states to enforce measures that protect women as well as unborn children. In provision after provision S. 1696 puts not a thumb but a fist on the scales in favor of abortion providers and against both unborn children and mothers who face the fear and uncertainty of unexpected pregnancy.”

Increasing abortion and destroying humane safeguards for the unborn are retrograde actions. They pull our culture back toward a darker era when human life was considered cheap and the powerful exploited the weak. Sen. Blumenthal’s march backward is also a march into darkness. Those claiming to be children of the Light should fight it.

Blumenthal Bill: Bringing medicine back to the dark ages

by Travis Weber

July 15, 2014

S. 1696, the “Women’s Health Protection Act of 2013,” is anything but. Indeed, such a title perhaps would have been more apt (though still laughable) many years ago, before technological advancements made it possible to view, and impossible to deny, that little baby struggling for life in the womb. Now, such a title is a complete sideline, a distraction of advocates of death who grasp at straws and try to block all images from sight and mind of a helpless baby growing and grasping at life as she is about to be delivered onto its stage. No, S. 1696 is not about “health.” It is but the latest ploy in an attempt to deny what is increasingly becoming more undeniable — the life of the baby in the womb.

How does S. 1696 attempt this ploy? By trying to interfere in the regulation of the health and safety of citizens — areas of general authority constitutionally left to the states. The bill doesn’t even attempt to hide this interference, explicitly stating in its findings: “Though described by their proponents as health and safety regulations many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women’s health.”

The bill would prohibit specific tests or medical procedures in connection with the provision of an abortion. It would also prohibit limits from being placed on an abortion provider’s ability to delegate tasks, ability to prescribe or dispense drugs based on her or his good-faith medical judgment, and ability to provide abortion services via telemedicine. It would also bar states and localities from determining how equipment, staffing, credentialing, privileges, and transfer arrangements would work at facilities providing abortions, and from restricting abortion training. In all these matters, state and local governments may only regulate the health and safety of their citizens regarding abortions if they do so through generally applicable regulations or also regulate medically comparable fields. In addition, S. 1696 would bar state and local governments from requiring women to “make one or more medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide abortion services” before “obtaining an abortion.” Aside from the overt intrusion into areas of power clearly left to the states, the federal government is now going to tell the states what is and isn’t “medically unnecessary.” The brashness of this power grab is hard to ignore.

As if this wasn’t enough, the bill continues: “[a] measure or action that restricts the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described [above] shall be unlawful if such measure or action singles out abortion services or make abortions services more difficult to access and does not significantly advance women’s health or the safety of abortion services.” Well that’s nice. How is any of this defined? “[A] plaintiff shall demonstrate that the measure or action involved — (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women’s access to abortion services based on one or more of the factors described in paragraph (3)” (emphasis mine). One such “factor” is “[w]hether the measure or action is reasonably likely to delay some women in accessing abortion services.” So a lawsuit may be brought under this bill by merely showing that it takes longer to get an abortion (please pay no attention to the state’s serious health concerns). Under this theory, one could introduce legislation mandating “immediate medical treatment” of certain conditions because the diagnosis period is “too long.” Another such “factor” is “[w]hether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required.” Who determines what is “required.”

At this point, S.1696 should just stop pretending it is not intruding into areas of state authority. Other “factors” are laid out in the bill. But the last one is a doozy: “[t]he cumulative impact of the measure or action combined with other new or existing requirements or restrictions.” Thus, according to S. 1696, a plaintiff can make out a prima facie case by showing that a law “impedes women’s health” through the “cumulative impact of the measure or action combined with other new or existing requirements or restrictions.” Obfuscate. Muddle. Then go for the power-grab. On top of all this, the bill would require a state to show there is no “less restrictive alternative measure or action” to accomplish regulation of abortion—thus clearly interfering with the rational basis standard typically used to measure state regulation of citizens’ health and welfare. If S. 1696 isn’t an attempt to rip from state control the power to regulate the health and welfare of their citizens, I don’t know what is.

Adding insult to injury, the bill’s authors pretend to care about minorities by claiming that the “harms” they claim to fix “fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas.” If they so cared about minorities, this bill’s supporters would look to restrict abortion generally, as abortion providers have been shown time and time again to profit off killing minority babies. Such purported minority rights advocates would have come to the defense of the Arizona law banning race-based abortions, yet they were silent there. Indeed, the NAACP and others actually opposed the law and sued to have it blocked! Yet, abortion must be advanced at all costs. Such is the sentiment of S. 1696.

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